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HomeMy WebLinkAbout20090604Illustrative Tariff.pdfRECEIVED 'tL '-1- 0'7 -0 ( ZO Jt -4 PH 3= 58 IDAHO PUBtY" TANAGER TELECOMMUNICATIONS, LLC UTILITIES COMMIŠSiON ILLUSTRATIVE TARFF Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 1 LOCAL EXCHAGE SERVICE REGULATIONS, RULES AN PRICE LIST SCHEDULES OF INTRASTATE CHAGES FOR TANAGER TELECOMMCATIONS, L.L.C. This tariff contains the description, regulations, and rates applicable to the furnishing of non-facilities based resold local exchange telecommunications services by TANAGER TELECOMMCA nONS, L.L.C. with principal offces at P.O. Box 857, Stevenson, WA 98648. This tariff is on fie with the Idaho Public Utilties Commission, and copies may be inspected during normal business hours at 472 W Washington 83702 Boise, ID 83720-0074 Copies may also be inspected during regular business hours at the Company's place of business at the address indicated at the top of each Sheet of this taff. The Company's customer contact is Tamy Branom, Ph. (509) 427-4865 or 1-888-427-4865; fax (509) 427-4828. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet NO.2 CHECK SHEET The sheets ofthis Tariff are effective as of the date shown at the bottom of the respective sheet(s). Original and revised sheets as named below comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this sheet. Sheet Revision Sheet Revision i Original 25 Original 2 Original 26 Original 3 Original 27 Original 4 Original 28 Original 5 Original 29 Original 6 Original 30 Original 7 Original 31 Original 8 Original 32 Original 9 Original 33 Original 10 Original 11 Original 12 Original 13 Original 14 Original 15 Original 16 Original 17 Original 18 Original 19 Original 20 Original 21 Original 22 Original 23 Original 24 Original Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet NO.3 TABLE OF CONTENTS Title Sheet......................................................................................................................................................1 Check Sheet ...................................................................................................................................................2 Table of Contents...........................................................................................................................................3 Applicability ..................................................................................................................................................5 Explanation of Symbols .................................................................................................................................6 Tariff Format ................................................................................................................................................. 7 Section 1 - Definitions.......................... ................................................. ........................................................7 Section 2 - Regulations .................................................................................................................................9 Section 3 - Description of Service........ ......................................... ................... .... ................. ............... .......29 Section 4 - Rates.............................................................. ...................... ........... ........................................ ...31 Section 5 - Special Service Arrangements ...................................................................................................33 Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet NO.4 APPLICABILITY This taiff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local exchange services by TANAGER TELECOMMICATIONS, L.L.C. to customers within the local exchange service area defined herein. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No.5 SYMOLS The following are the only symbols used for the purposes indicated below: C - To signify a changed condition or regulation D - To signify deleted material I - To signify a change in rate or charge resulting in an increase in a customers bil M - To signify material that has been transferred from another sheet or place in the tariff N - To signify new material R - To signify a change in rate or charge resulting in a rate reduction T - To signify change in text for clarification Z - To signify a correction Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.c. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet NO.6 TARF FORMT A. Sheet Numbering - Sheet numbers appear in the upper-right corner of the sheet. Sheets are numbed sequentially. However, new sheets are occasionally added to the tariff. When a new sheet is added between sheets already in effect, a decimal is added. For example, a new sheet added between sheets 14 and 15 would be 14.1. B. Sheet Revision Numbers - Revision numbers also appear in the upper-right corner of the sheet. These numbers are used to determine the most current sheet version on fie with the Commission. For example, 4th Revised Sheet 14 cancels 3rd Revised Sheet 14. C. Paragraph Numbering Sequence - There are various levels of alphanumeric paragraph coding. Each level of coding is subservient to its next higher level of coding. Example:2. 2.1. 2.1.1. 2. 1. l.A.l 2.1. 1.A. 1. (a) D. Check Sheets - When a tarff filing is made with the Commission, an updated check sheet accompanies the tariff fiing. The check sheet lists the sheets contained in the taff, with a cross reference to the current revision number. When new sheets are added, the check sheet is changed to reflect the revision. All revisions made in a given filing are designated by an aserisk (*). There wil be no other symbols used on this sheet if these are the only changes made to it (i.e., the format, etc., remains the same, just revised revision levels on some sheets). The taiff user should refer to the latest check sheet to find out if a paricular sheet is the most current sheet on fie with the Commission. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 1 - DEFINIONS Idaho Local Exchange Tariff No. 1 Original Sheet No. 7 Authorized User - A person, firm, corporation, or any other entity authorized by the Customer to communicate utilizing the Company's service. Call Waiting - Provides the User with a burst of tone to indicate that another call is waiting. The second call can either be answered by flashing the switch-hook or hanging up the telephone and being rung back by the caller. Caller ID - Provides the User with the calling par's name and telephone number. This information wil be displayed only if the User provides the appropriate hardware. Such hardware is not available from the Company. Carrier or Company - Whenever used in this tariff, "Carier," or "Company" refers to TANAGER TELECOMMICATIONS, L.L.C., unless otherwise specified or clearly indicated by the context. Customer - The person, firm, corporation, or other entity which orders, cancels, amends, or uses service and is responsible for payment of charges and compliance with the Company's tariff. Commission- Idaho Public Utilties Commission. DID Terminations - Direct Inward Dialing Terminations; a block of telephone numbers for callng into a company's private branch exchange (PBX) system. Using DID, a company can offer its customers individual phone numbers for each person or workstation within the company without requiring a physical line into the PBX for each possible connection. DS 1 Transport ffermination Charge - charges for trsporting and installing the Dils from the customer location to the centrl office or switch. ILEC - The underlying incumbent Local Exchange Carer. Local Access and Transport Area (LATA) - A geographical area established by the U.S. Distct Court for the District of Columbia in Civil Action No. 82-0192, within which a local exchange company provides communications services. Local Exchange Services - Telecommunications services furnished for use by end-users in placing and receiving local telephone calls within local callng areas. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No.8 SECTION 1- DEFINITIONS (contd.) Monthly Charges - The monthly charges to the Customer for services which continue for the agreed-upon duration of the service. Nonpublished Listing - A directory listing which is not printed in a directory nor available from directory assistance. PRI - Primary Rate Interlace - The Primary Rate Interface consists of23 B-channels and one 64 Kpbs D- channeL. The Primary Rate Interface channels are caried on a TDM-carrer system line. PRJ enables one physical line to provide 23 Dils and 24 Dils for each additional PRJ installed at the same location. PBX - Private Branch Exchange is a telephone system within an enterprise that switches calls between enterprise users on local lines while allowing all users to share a certin number of external phone lines. The main purpose of a PBX is to save the cost of requiring a line for each user to the telephone company's central offce. Reconnection Fee - A charge to re-establish previous Customer's account. Resold Local Exchange Service - A service composed of the resale of exchange access lines and local calling provided by other authorizd Local Exchange Carers, in combination with Company-provided usage services, miscellaneous services or interstate/international services. Services - The Company's telecommunications services offered to the customer. Transport - the distance (in airmiles) between the applicable central offce and the end user's premises Three-way Callng - The User can sequentially call two other people and add them together to make up a three-way calL. Two Way Trunks - The trunks allow Dils to connect to the customer PDX; the two way feature enables calls to be sent inbound and outbound. UNE - Unbundled Network Element User - A Customer or any other person authorized by the Customer to use service provided under this taff. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS Idaho Local Exchange Tariff No. 1 Original Sheet NO.9 2.1 Undertaking ofthe Company 2.1.1 The Company undertes to furnish communications service on a UN or resale basis in connection with one-way and/or two-way information trsmission between points within Idaho under the terms of this tarff. Customers may use services and facilities provided under this tarff to obtain access to services offered by other service providers. The Company is responsible under this taff only for services provided herein, and it assumes no responsibility for any service provided by any other entity. The services, terms, and conditions of this tariff are subject to the jurisdiction of the Idaho Public Utilities Commission. Service is provided under the appropriate rules and regulations of the Commission in effect, and as amended from time to time. 2.1.2 Limitations 2.1.2.1 Service is offered subject to the availability of the necessary ILEC facilties, and subject to the provisions of this tariff. 2.1.2.2 The Company reserves the right to discontinue or limit the use of service when necessitated by conditions beyond its control, or when the Customer is using service in violation of provisions ofthis taiff, or in violation of the law. * * Customer wil be provided with wrtten notice stating the reason for discontinuance within a reasonable time afer service has been discontinued. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 -REGULATIONS, CONT. Idaho Local Exchange Tariff No. 1 Original Sheet No. 10 2.1.3 Undertaking of the Company (cont.) 2.1.3 Terms and Conditions 2.1.3.1 Except as otherwise provided herein, service is provided on the basis of a minimum period of at least one- month, and shall continue until disconnected by the Customer or Company under the terms of this tariff. Unless otherwise specified herein, for the purposes of computing charges in this tariff, a month is considered to have 30 days. All calculations of dates set forth in this tarff shall be based on calendar days, unless otherwise specified herein. 2.1.3.2 Customers may be required to enter into written service order which may contain or reference the name of the Customer, a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this taff. 2.1.3.3 This taiff shall be interpreted and governed by the laws of the State ofIdaho without regard for the State's choice of laws provision. 2.1.3.4 Another telephone company must not interfere with the right of any person or entity to obtain service directly from the Company. 2.1.3.5 The Customer has not propert right to the telephone number or any other call number designation associated with services furnished by the Company. The Company reserves the right to change such number, or the centrl offce designation associated with such numbers, or both, assigned to the Customer, whenever the Company deems it necessary to do so in the conduct of its business. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS, CONT. Idaho Local Exchange Tariff No. Original Sheet No. 11 2.1.4 Liability of the Company 2.1.4.1 The liability of the company for damages arsing out of the furnishing of its services, including, but not limited to mistaes, omission, interrptions, delays, or errors, other defects, or representations by the Company, or use of these services or damages arising out of the failure to furnish the service whether caused by acts or omission, shall be limited to the extension of allowances for interrption as set forth in Section 2.6 below. The extension of such allowances for interrption shall be the sole remedy of the Customer and the sole liability of the Company. The Company wil not be liable for any direct, indirect, incidental, special, consequential, exemplar or punitive damages to Customer as a result of any Company service, equipment or facilities, or the acts or omissions or negligence of the Company's employees or agents. 2.1.4.2 The Company's liabilty for wilful misconduct, if established as a result of judicial or administtive proceedings, is not limited by this taiff. With respect to any claim or suit, by a Customer or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interrption or restoration of any service or facilities offered under this tariff, and subject to the provision of Section 2.6, the Company's liability, ifany shall be limited as provided herein. 2.1.4.3 The company shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes, any law, order, regulation, direction, action or request of the United States government or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any deparment, agency, commission, bureau, corporation or other instentality of any one or more of these federal, state, or local governents, or of any milta authority; preemption of existing service in compliance with national emergencies; riots, war; unavailabilty of rights-of-way or materials, or strkes, lockouts, work-stoppages, or other labor diffculties. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O: Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 12 SECTION 2 - REGULATIONS, CONT. 2.1.4 Liabilty of the Company (contd.) 2.1.4.4 The Company shall not be liable for: ( a) Any act or omission of any entity furnishing the Company or the Company's customers facilities or equipment used for or with the services the Company offers, or (b) For the acts or omissions of other common cariers or their employees or agents. 2.1.4.5 The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer- provided equipment or facilities. 2.1.4.6 The Customer shall indemnify and hold the Company harless from any and all loss, claims, demands, suits or other action, or any liabilty whatsover, whether suffered, made, instituted, or asserted by any other par or person(s), and for any loss, damage, or destruction of any propert, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, condition, location or use of any installation provided by the Company. The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this Section as a condition to such installations. 2.1.4.7 The Company shall not be liable for any defacement of or damage to the Customer's premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof, unless such defacement or damage is caused by the wilful misconduct of the Company's agents or employees. No agents or employees of other entities shall be deemed to be agents or employees of the Company. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 13 SECTION 2 - REGULATIONS, CONT. 2.1.4 Liabilty of the Company (contd.) 2.1.4.8 Notwithstanding the Customer's obligations as set forth in Section 2.3.2, the Company shall be indemnified, defended, and held harmless by the Customer or by others authorized by it to use the service against any claim, loss or damage arsing from Customer's use of services furnished under this tariff, including: (a) Claims for liable, slander, invasion of privacy or infringement of copyright arising from the material, data, information, or other content trsmitted via the Company's service, and (b) Patent infringement claims arising from combining or connecting the service offered by the Company with apparatus and systems of the Customer or others, and (c) All other claims arising out of any act or omission of the Customer or others, in connection with any service provided by the Company pursuant to this tariff. 2.1.4.9 The entire liabilty oftheiCompany for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid to the Company by the Customer for the specific services giving rise to the claim and no action or proceedings against the Company shall be commenced more than one year after the service is rendered. 2.1.4.10 The Company makes no waranties or representations, expressed or implied either in fact or by operation of law, statutory or otherwise, including warranties of merchantabilty or fitness for a paricular use, except those expressly set fort herein. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tarff No. 1 Original Sheet No. 14 SECTION 2 - REGULATIONS, CONT. 2.1.4 Liabilty of the Company (contd.) 2.1.4.11 The Company shall not be liable for any act or omission of any other company or companies furnishing a portion of the service, or for damages associated with service, facilities or equipment which it does not furnish, or for damages which result from the operation of Customer-provided systems, equipment, facilties or services which are interconnected with Company services. 2.1.4.12 The Company does not guarantee or make any waranty with respect to service installations at locations of which there is present atmosphere that is explosive, prone to fire, dangerous or otherwise unsuitable for such installations. The Customer shall indemnify and hold the Company harless from any and all loss, claims, demands, suits or other action, or any liabilty whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other part, for any personal injur to, or death of, any person or persons, or for any loss, damage or destrction of any propert, whether owned by the Customer or others, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, locations or use of service furnished by the Company at such locations. 2.1.4.13 The Company shall notbe liable for the Customer's failure to fulfill its obligations to take all necessar steps including, without limitation, obtaining, installng and maintaning all necessary equipment, materials and supplies, for interconnecting the Station, terminal equipment or communications system of the Customer, or any third- par acting as its agent, to the ILEC's network. The Customer shall secure all licenses, permits, rights-of-way, and other arangements necessar for such interconnection. In addition, the Customer shall insure that its equipment and/or system or that of its agent is properly interfaced with the Company's service, that the signals emitted into the ILEC' s network are of the proper mode, bandwidth, power, data speed, and signal level for the intended use of Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 15 SECTION 2 - REGULATIONS, CONT. 2.1.4 Liability of the Company (contd.) the Customer and in compliance with the criteria set forth in Section 2.1.6 followig, and that the signals do not damage Company or ILEC equipment, injure its persnnel or degrade service to other Customers. If the Customer or its agent fails to maintain and operate its equipment and/or system or that of its agent properly, with resulting harm to Company or ILEC equipment, personnel, or the quality of service to other Customers, the Company may require the use of protective equipment at the Customer's expense or terminate the Customer's service without liability. 2.1.4.14 With respect to Emergency Number 911 Service: (a) This service is offered solely as par of the resold ILEC service, where available, as an aid in handling assistace calls in connection with fire, police and other emergencies. The Company is not responsible for any losses, claims, demands, suits or any liability whatsoever, whether suffered, made instituted or asserted by the Customer or by any other par or person for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any propert, whether owned by the Customer or others; caused or claimed to have been caused by: (1) Mistakes, omissions, interrptions, delays, errors or other defects in the provision of this service, or (2) Installation, operation, failure to operate, maintenance, removal, presence, condition, location or use of equipment and facilties furnishing this service. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS, CONT. Idaho Local Exchange Tariff No. 1 Original Sheet No. 16 2.1.4 Liabilty ofthe Company (contd.) (b) Neither is the Company responsible for any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of enhanced 911 service features and the equipment associated therewith, or by any services furnished by the Company including, but not limited to, the identification of the telephone number, address or name associated with the telephone used by the par or paries accessing enhanced 911 service, and which arise out of the negligence or other wrongful act ofthe Company, the Customer, its Users, agencies or municipalities, or the employees or agents of anyone of them. 2.1.4.15 The Company's liabilty arising from errors or omissions in Directory Listigs, other than charged listings, shall be limited to the amount of actual impairment to the Customer's service. In cases of charged Directory Listings, the liabilty of the Company shall be limited to an amount not exceeding the amount of charges forthe charged listings involved during the period covered by the directory in which the error or omission occurs. 2.1.4.16 In conjunction with a nonpublished listing, as described in Section 3.4.2.2, the Company wil not be liable for failure or refusal to complete any call to such telephone when the call is not placed by number. The Company wil tr to prevent the disclosure of the number of such telephone, but wil not be liable should such number be divulged. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 17 SECTION 2 - REGULATIONS, CONT. 2.1.4 Liability of the Company (contd.) 2.1.4.17 When a Customer with a nonpublished listing as defined herein, places a call to the Emergency 911 Service, the Company wil release the name and address of the callng par, where such information can be determined, to the appropriate local governmental authority responsible for the Emergency 911 Service upon request of such governmental authority. By subscribing to service under this taiff, Customer acknowledges and agrees with the release of information as described above. 2.1.4.18 The above taiff language (and any and all language which appears in this tariff addressing liability of Company or its customers) does not constitute a determination by the Commission that a limitation of liabilty imposed by the Company should be upheld in a court of law. Acceptace for filing by the Commission recognizes that it is a court's responsibilty to adjudicate negligence and any direct, indirect, and consequential damage claims. It is also the court's responsibilty to determine the validity of the exculpatory clause( s). 2.1.5 Notification of Service-Affecting Activities The Company wil provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, Company or ILEC equipment or facilities additions, removals or rearangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification is applicable to all service activities. The Company wil work cooperatively with the Customer to determine the reasonable notifications requirements. With some emergency or unplanned service-affecting conditions, such as outage resulting from cable damage, notification to the Customer may not be possible. 2.1.6 Provision of Equipment and Facilities 2.1.6.1 The Company shall use reasonable efforts to make available services to a Customer on or before a paricular date, subject to the provisions of and compliance by the Customer with the regulations contained in this tarff. The company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 18 2.1.6.2 The Company shall use reasonable efforts to cause the ILEC to maintain its own facilities which the Company furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities provided by the ILEC or the Company. 2.1.6.3 The Customer shall be responsible for the payment of service charges as set fort herein for visits by the Company's agents or employees to the Customer's premises when the service diffculty or trouble report results from the use of equipment or facilities provided by any part other than the ILEC or the Company, including but not limited to the Customer. 2.1.6.4 The Company shall not be responsible for the installation, operation, or maintenance of any customer-provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this tariff, the responsibilty of the Company shall be limited to the furnishing of facilities offered under this taff and to the maintenance and operation of such facilities. Beyond this responsibility, the Company shall not be responsible for: (a) The transmission of signals by Customer-provided equipment or for the quality of, or defects in, such trsmission; or (b) The reception of signals by Customer-provided equipment. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS, CONT. Idaho Local Exchange Tarff No. 1 Original Sheet No. 19 2.1.7 Ownership of Facilities Title to all facilities provided in accordance with this taff remains in the The Company, the ILEC, or its agents or contractors. 2.2 Prohibited Uses The services of the Company shall not be used for any unlawfl purpose or for any use as to which the Customer has not obtained all required governental approvals, authoriations, licenses, consents and permits. 2.3 Obligations of the Customer 2.3.1 General The Customer shall be responsible for: (a) The payment of all applicable charges pursuant to this tariff; (b) Reimbursing the Company for damage to, or loss of, the Company's or ILEC' s facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer's premises, unless caused by the negligence or wilful misconduct of the employees or agents of the Company. The Company wil, upon reimbursement for damages, cooperate with the Customer in prosecuting a claim against the person causing such damage and the Customer shall be subrogated to the Company's right of recovery of damages to the extent of such payment; (c) Providing at no charge, as specified from time to time by the Company, any needed personnel, equipment, space and power to operate Company or ILEC facilties and equipment installed on the premises of the Customer; (d) Any costs associated with altering the strcture to permit installation of the ILEC- provided facilities. The Company may require the Customer to demonstrte its compliance with this Section prior to accepting an order for service; Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS, CONT. Idaho Local Exchange Tariff No. 1 Original Sheet No. 20 2.3.2 Claims (continued) (e) Granting or obtaining permission for ILEC or Company agents or employees to enter the premises of the Customer at any time for the purpose of instllng, inspecting, maintaining, repairing, or upon termination of services as stated herein, removing Company or ILEC facilities or equipment; (f) Not creating or allowing to be placed or maintaned any liens or other encumbrances on the Company's or ILEC's equipment or facilties. 2.3.2 Claims 2.3 .2.1 With respect to any service provided by the Company, the Customer shall indemnify, defend and hold harless the Company from all claims, actions, damages, liabilties, costs and expenses, including reasonable attorneys' fees for; (a) Any loss, destrction or damage to propert of the Company or any third par, or the death of or. injury to persons, including, but not limited to, employees or invitees of either the Company or the Customer, to the extent caused by or resulting from the negligent or intentional act or omission of the Customer, its employees, agents, representatives or invitees; or (b) Any claim, loss, damage, expense or liabilty for infringement of any copyright, patent, trde secret, or any proprietar or intellectual propert right of any third par, arising from any act or omission by the Customer, including, without limitaion, use of the Company's services and facilties in a maner not contemplated by the agreement between the Customer and the Company. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 21 SECTION 2 - REGULATIONS, CONT. 2.3.2 Claims (continued) 2.3 .2.2 Any disputes or controversies arising out of the subject matter of this taff, where the Customer or Customers claim damages individually or in the aggregate in excess of $3,000.00, shall be decided by arbitration. The paries shall select a mutually agreeable arbitrtor or, if one canot be mutually agreed upon, then the par with the claim may request the local court in the county in which the claimant resides to appoint an arbitrtor in accordance with local law. The decision of the aritrtor wil be finaL. 2.4 Payment Arangements 2.4.1 Payment for Service The Customer is responsible for payment of all charges for service provided by the Company to the Customer. If an entity other than the Company imposes charges on the Company, in addition to its own internal costs, in connection with a service for which a Company non- recurring charge is specified, those charges may be passed on to the Customer. 2.4.1.1 Taxes Federal, state and any local taxes (e.g., gross receipts ta sales ta municipal utilties ta) are listed as separate line items and are not included in the quoted rates. 2.4.1.2 Federal Access Charge The end user common line charge imposed by order of the FCC is listed as a separte line item and is not included in the quoted rates. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS, CONT. Idaho Local Exchange Tariff No. 1 Original Sheet No. 22 2.4.2 Collection of Charges 2.4.2.1 All payments for service shall be paid by the due date set forth on the customer invoice. Payment wil be considered past due if not paid within ten (10) days ofthe due date. The Company mails statements to each customer durig every biling cycle indicating the due date and the amount that is due. If payment is not received by the due date, a late payment penalty wil be imposed. The late payment penalty shall be that portion of the payment not received by the due date minus any charges biled as local taes multiplied by 1.5%. 2.4.2.2 Customers may pay for service by check, credit card, or Automated Clearing House (ACH) 2.4.2.3 Company wil bil Customer a one-time charge of $15.00 if Customer's check for payment of service is returned for insuffcient or uncollected funds, closed accounts, or any other insuffciency or discrepancy necessitating return of the check at the discretion of the drawee ban or other financial institution. 2.4.3 Disputed Charges The customer may dispute any invoice within 6 months of the date of its issuance. Carer wil resolve any disputes brought to its attention as promptly and effectively as possible. Customer Service Representatives can be reached via the following toll free telephone number: 1-888-427-4865. Any unresolved disputes may be directed to the attention of the Idaho Public Utilties Commission at: POBox83720 Boise, il 83720-0074 Street Address: 472 W Washington 83702 or by callng (208) 334-0300. In the event of a dispute concerning an invoice, the customer must pay a sum equal to the amount of the undisputed portion of the bil and notify the Company of the disputed portion. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS, CONT. Idaho Local Exchange Tariff No. 1 Original Sheet No. 23 2.4.4 Deposits The Company does not - require Customer deposits. 2.4.5 Disconnection of Service by Carrier A. Ten (10) business days prior notice of pending disconnection shall be rendered to customers setting forth the reason(s) for the notice and the final date by which the account is to be settled or specific action taen. Such notice shall be forwarded to the customer via U.S. mail and wil be considered rendered when delivered to the last known address of the responsible par. B. Transmission service wil be refused or disconnected, after notice as set forth below, for any of the following reasons: 1. Without notice" in the event of a condition on the customer's premises determined by the Carier to be hazardous. 2. Without notice" in the event of customer's use in a maner which may adversely affect the Carer's equipment or service to others. 3. Without 11otice" in the event of tampering with equipment furnished and owned by the Carrier. 4. Without notice" in the event of unauthorized use. 5. After ten (10) business days wrtten notice, for violation of or noncompliance with the Carier's rules on fie with the Commission, the requirements of municipal ordinances or law pertaining to the services. Within a reasonable time subsequent to disconnection, customer wil be provided notice stating reasons for such disconnection. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.c. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427~4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 24 SECTION 2 - REGULATIONS, CONT. 2.4.5 Disconnection of Service by Carrer (contd.) 6. After ten (10) business days written notice, for failure of the customer or prospective customer to furnish any service equipment, permits, certificates or rights of way specified to be furnished in the' Carer's taiffed rules filed with the Commission as a condition for obtaining service, or for the withdrawal of that same equipment or the termination ofthose permissions or rights, or for the failure of the customer or prospective customer to fulfill the obligations imposed by this tarff. 7. After ten (10) business days written notice for failure of the customer to permit Carer reasonable access to its equipment. 2.5 Allowances for Interrptions of Service 2.5.1 Credit for Interrptions: When the use of service or facilities furnished by the Company is interrpted due to any cause other than the negligence or wilful act of the Customer, or the operation or failure of the facilties or equipment provided by the Customer, a pro rata adjustment of the monthly Recurring Charges subject to interption wil be allowed for the service and facilities rendered useless and inoperative by reason of the interption whenever said interrption continues for a period of24 hours or more from the time the interrption is reported to or known to exist by the Company, except as otherwise specified in the Company's tariffs. If the Customer reports a service to be inoperative, but declines to release it for testing and repair, it is considered to be impaired, but not interpted. 2.5.1.1 Credit allowance for the interrption of service which is not due to the ILEC' s testing or adjusting, negligence of the Customer, or to the failure of chanels or equipment provided by the Customer, are subject to the general liabilty provisions set forth in Section 2.1.4 herein. It shall be the obligation of the Customer to notify the Company immediately of any interrption in service for which a credit allowance is desired. Before giving such notice, the customer shall asertin that the trouble is not being caused by any action or omission by the Customer within the Customer's control, or is not in wirng or equipment, if any, furnished by the Customer and connected to the Company's or ILEC's facilities. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS, CONT. Idaho Local Exchange Tariff No. 1 Original Sheet No. 25 2.5.2 Limitations on Allowances 2.5.1.2 The Customer shall be credit for any interption in the same proportion that the ILEC credits the Company according to the following formula: Customer Credit = Al x C, where: A = Service credit to the Company from the ILEC B = Total monthly charge for Customer's service to the Company from the ILEC C = Monthly charge to the Customer by the Company. No credit allowance wil be made for: (a) Interrption due to the negligence of, or noncompliance with the provisions of this Tarff by the Customer, any User, or other common carier providing service connected to the service of the Company; (b) Interrptions due to the negligence of any person other than the Company including, but not limited to, the Customer or other common carier connected to the Company's facilities; (c) Interrptions due to the failure or malfunction of non-Company equipment; (d) Interrptions of service during any period in which the Company and the ILEC are not given full and free access to their facilities and equipment for the purpose of investigating and correcting interrptions; (e) Interrptions of service during a period in which the Customer continues to use the service on an impaired basis; (f) Interrptions of service during any period when the Customer has released service to the Company or ILEC for maintenance puroses or for implementation of a Customer order for a change in service arrangements; (g) Interrptions of service due to circumstaces or causes beyond the control of the Company. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS, CONT. Idaho Local Exchange Tariff No. 1 Original Sheet No. 26 2.6 Notices and Communications 2.6.1 The Customer shall designate on the Service Order an address to which the Company shall mail or deliver all notices and other communications, except that Customer may also designate a separate address to which the Company's bils for service shall be mailed. 2.6.2 The Company shall designate on the Service Order an address to which the Customer shall mail or deliver all notices and other communications, except that Company may designate a separate address on each bil for service to which the Customer shall mail payment on that bil. 2.6.3 All notices or other communications required to be given pursuant to this taiff wil be in wrting. Notices and other communications of either par, and all bils mailed by the Company, shall be presumed to have been delivered to the other par on the third business day following deposit of the notice, communication or bil with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 2.6.4 The Company or the Customer shall advise the other part of any changes to the addresses designated for notices, other communications or biling, by following the procedures. for giving notice set fort herein. 2.7 Cancellation of Service 2.7.1 If a customer cancels a Service Order or terminates services before the completion of the term for any reason whatsoever, other than a service interrption (as defined in Section 2.5 above), the customer agrees to pay the Company termination liabilty charges, as defined below. These charges shall become due as of the effective date of the cancellation or termination and shall be payable within the period set forth in Section 2.5.2. 2.7.1.1 The customer's termination liabilty for cancellation of service shall be equal to: (a) all unpaid non-recurng charged reasonably expended by the Company to establish service to the customer; plus Issued: September 15, 2003 Effective:,2003 Advice Notice No: 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 27 SECTION 2 - REGULATIONS, CONT. 2.7 Cancellation of Service (contd.) (b) any disconnection, early cancellation or termination charges reasonably incurred and paid to third paries by the Company on behalf of the customer; plus (c) all recurring charges specified in the applicable service order for the balance of the then current term. 2.8 Transfer and Assignments Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilities provided by the Company without the written consent of the other par, except that the Company may assign its rights and duties (a) to any subsidiar, parent company or affliate of the Company; (b) pursuant to any sale or trsfer of substantially all the assets of the Company; or (c) pursuant to any financing, merger or reorganization of the Company. 2.9 i Customer Service Customer service is available by callng 1-888-427-4865, sending email to..support~saw.net... or by writing to the Company at P.O. Box 857, Stevenson, WA 98648. 2.10 Dishonored Check Charges A fee wil be charged for each dishonored check issued to the Company. 2.11 Service Changes A service implementation charge wil apply to new service added to or a change in existing service. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 2 - REGULATIONS, CONT. Idaho Local Exchange Tarff No. 1 Original Sheet No. 28 2.12 Reconnection Charge A reconnection fee may be charged when service is re-established for customers who have been disconnected for non-payment, and is payable at the time that the restoration of suspended service and facilties is aranged. 2.13 Access to Carer of Choice End users of the Company's local service shall have the right to select the interexchange telecommunications service provider (IXC) of their choice. The IXC should request confirmations/verifications of choice from its customers no later than the date of submission of its firt bil to the customer. The Company wil maintain signed letters of agency or confirmations of choice on fie for use in dispute resolution. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 3 - DESCRIPTION OF SERVICE Idaho Local Exchange Tariff No. 1 Original Sheet No. 29 3.1 Local Exchange Service The Company's local telephone service provides a Customer with the ability to connect to the ILEC's switching network which enables the Customer to: place or receive calls to any calling Station in the local calling area, as defined herein; access 911 Emergency Service (where available though the ILEC); access the interexchange carier selected by the Customer for interLAT A, intraLAT A, interstate or international callng; place or receive calls to 800/888/887 telephone numbers; access Telecommunication Relay Service. 3.1.1 Service Area: Where facilities are available, the Company's service area incorporates the geographic regions and exchanges curently served by the following ILECs: Qwest, Sprint United Telephone, Centur TeL. 3.1.1 Local Calling Area Exchanges and zones included in the local calling area for the Customer's exchange or zone may be found in the telephone directory published by the ILEC in the Customer's exchange area. Issued: September 15,2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 3 - DESCRIPTION OF SERVICE Idaho Local Exchange Tarff No. 1 Original Sheet No. 30 3.1.2 Local Line 3.1.2.1 Standard Features Local Line provides the Customer with a single, voice-grade communications chaneL. Each Local Line will include a telephone number. 3.1.2.2 Optional Features A Local Line Customer may order optional featues at the rate specified in Section 4. 3.2 Touch Tone Capability The Company will offer touch tone capability at no charge to customers. 3.3 PRJ Services These services are non-facilities based PRJ services. Each PRJ line provides switched and/or dedicated voice and/or data services to the customer over 23 B chanels and one D chanel (for signaling and switching of the B chanels). PRJ Bundled services include at no extra cost PRJ service confguation/install, two way trs and DID terminations. DS 1 transportackhaul charge involves additional charges on a per mile basis. PRJ Standard services have lower charges for the PRJ (than the PRJ Bundled Services), but impose additional charges per trs and DID terminations. For both PRJ Standard services and PRJ Bundled services, DS1 transportackhaul charge involves additional charges on a per mile basis. PRJ Standard services and PRJ Bundled services are also available in bulk (6 or more PRJ lines), at lower prices per PRJ than non-bulk (1-5 PRJ lines) Standard and Bundled services. Minimum service term for any PRJ service is Twelve (12) months. PRJ services can be purchased only by the end-use retail customer; they can not be purchased for resale, whether alone or in conjunction with any other service or product by any entity. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tariff No. 1 Original Sheet No. 31 SECTION 4 - RATES 4.1 Local Exchange Service Rates All rates listed below exclude applicable taxes, surcharges, regulatory assessments and fees. 4.1.1 Local Unlimited Business Services Provides unlimited calling within the customers local callng area. 4.1.2 Analog Business Line Each line 4.1.3 PRJ Service each line 4.1.4 T1 Service each line 4.1.6 PRJ and T1 Transport 4.1.7 Miscellaneous Charges Recurring Non- Monthly Recurring Charge Charge $ 34 $ 70 ICB ICB ICB ICB ICB Per Occurrence Directory Listing Anonymous Call Rejection Call Hunting Call Return Vanity Number Vanity Number Blocked caller to paid information numbers (976 ect) Blocking dialed carier identification code 2.50 per listing $ 15 per line $ 15 per line $ 25 per number $ 2 permonth $1.25 per month $ 5 permonth NC NC NC NC Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 Idaho Local Exchange Tarff No. 1 Original Sheet No. 32 Malicious Call Trace Callng Number Suppression Operator Assistance Busy Line Verification Operator Assist. Busy Line Verification w/ interrpt Pre-subscribed PIC Change Telephone number change Reconnection Fee NC NC NC NC NC $ 8 per call NC $ 2 per call $ 5 per call $ 5 per change $ 25 per number $ 50 per line 4,1.8 Discount Schedule The following maximum discount schedule applies to only the following rate elements: PRJ Bundle, Bulk PRJ and DS 1 Transport. The maximum discounts for each rate element are ICB. SECTION 4 - RATES, CONTD. 4.1 Labor On site labor (Normal Business Day) On site labor (Outside Normal Business Day) $ 85 per hour $130 per hour 4.2 Returned Check Charge $15.00 per occurrence. 4.3 Local Directory Assistace $1.50 per call. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C. Tanager Telecommunications, L.L.C. P.O. Box 1012, 50 SE Cascade Ave Stevenson, W A 98648 Ph. (509) 427-4865 or 1-888-427-4865 SECTION 5 - SPECIAL SERVICE ARGEMENTS Idaho Loal Exchange Tariff No. 1 Original Sheet No. 33 5.1 Individual Case Basis Arangements Arangements wil be developed on a case-by-case basis in response to a bona fide special request from a Customer or prospective Customer to develop a competitive bid for a service not generally available under this taiff. The Company's rates wil be offered to the Customer in wrting and on a non-discriminatory basis. All such rates wil be submitted to the Commission for prior approvaL. 5.2 Promotional Offerings The Company may from time to time engage in Special Promotional Offerings or Trial Service Offerings limited to certin dates, times or locations designed to attct new subscribers or increase subscriber usage. These may include waiving or reducing the applicable charges for the promoted service. Issued: September 15, 2003 Effective:,2003 Advice Notice No. 2003-01 By: Brian Adams, Manager Tanager Telecommunications, L.L.C.